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International Financial Disputes: Arbitration and Mediation

Edited by: Jeffrey Golden, Carolyn Lamm

ISBN13: 9780199687862
Published: March 2015
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £315.00

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This book provides the only specialist work on the arbitration of international financial disputes. The work covers commercial and investment arbitrations and considers the merits of and relationship between the various types of dispute resolution (mediation, arbitration and litigation).

International arbitration is a growth area and financial disputes have been a consequence of the financial crisis. The need for more specialist knowledge during the conduct of disputes involving complex financial instruments has become particularly apparent in recent years.

This book explains the various financial products including debt and equity instruments, currencies, commodities, derivatives and Islamic instruments and provides guidance on how to draft arbitration clauses with these products in mind. In the part on theories of liability, the issues of applicable law, expropriation, discrimination, fair and equitable treatment, and umbrella clauses are explained. There are separate chapters on remedies and choice of law, in addition to the more procedural aspects of enforcement and expert witness. The interplay between mediation and arbitration is analysed and explained.

This is a key reference tool for all practising lawyers and arbitrators advising on disputes where financial products are involved. Drawing together some of the leading names in this specialist field the work provides some of the best and most recent analysis of law and practice relevant to such disputes.

Banking and Finance
1. The Modern Role of Arbitration in Banking and Finance
2. Arbitral Institutions
3. Mediation/Alternative Dispute Resolution
4. Overview of Financial Products
5. Financial Products as Investments
6. Arbitration Clauses for International Financial Disputes
7. Choice of Law
8. Theories of Liability
9. Practical Issues Specific to Arbitrations Concerning Financial Products
10. The Particular Role of Experts in Arbitrating Financial Disputes
11. Remedies-Interim Measures
12. Remedies-Injunctive Relief
13. Remedies-Damages
14. Enforcement